Neutral Citation No. - 2025:AHC:23736 Reserved Court No. - 73 Case :- APPLICATION U/S 482 No. - 23739 of 2024 Applicant :- Sanjeev Kumar 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Singh Counsel for Opposite Party :- Dileep Singh Yadav,G.A.,Shadab Khan Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party No. 2 and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 17.05.2023, of Complaint Case No. 871 of 2022, under Sections 354, 323, 504, 506 I.P.C., Police Station Thathiya, District Kannauj, pending in the court of C.J.(J.D.)/J.M.,F.T.C.-II, Kannauj. 3. It has been argued by learned counsel for the applicants that the impugned complaint has been lodged by the opposite party No. 2/complainant making false and baseless allegations. In fact the dispute is regarding property and that applicants have a plot and that opposite party No. 2 was illegally trying to take possession over the said plot. The mother of opposite party No. 2 has already filed a civil suit, which is pending before the civil court. The wife of applicant No. 1 has lodged a first information report on 23.09.2022 against the opposite party No. 2 and his family members for the offence under Sections 504, 506 IPC. The allegations that the applicants have trespassed into the house of complainant and abused and assaulted him and his family members or that they have outraged the modesty of the wife of complainant, are wholly false. There are material contradictions in the statements of complainant and of witnesses. It was submitted that there is no injury report of alleged injured on record. Referring to facts of the matter, it was submitted that no prima facie case is made out against the applicants. 4. Learned counsel for opposite party No. 2 and learned A.G.A. have opposed the application and submitted that in view of the allegations made by the complainant and the statements of witnesses, a prima facie case is made out against the applicants. It was stated that applicants are continuously harassing the complainant and they wants to take possession over the property of complainant. Referring to the facts of the matter, it was submitted that a prima facie case is made out against the applicants. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well- settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter perusal of record shows that the opposite party No. 2 has lodged the impugned complaint against the applicants, alleging that applicants have tried to take possession over his plot and in that connection his mother has filed a civil suit against the applicants. On 22.09.2022 at about 06:00 PM all the applicants have trespassed into his house and abused him and they have assaulted him with legs, fists and by slapping. The complainant has further alleged that when his wife Komal came to save him, she was also assaulted by them and they have caught her and outraged her modesty. The complainant has supported the said version in his statement, recorded under Section 200 Cr.P.C. The wife of complainant, who has been examined under Section 202 Cr.P.C., has also stated that applicants have trespassed into her house and assaulted her husband and when she tried to save him, applicants entangled with her and they touched parts of her body and her blouse was torn. The version of complainant is further supported by another witness, namely, Chandan, who has been examined under Section 202 Cr.P.C. In view of material on record, it cannot be said that no prima facie case is made out against the applicants. The submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 9. The application u/s 482 Cr.P.C. is accordingly dismissed. Order Date :- 19.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad